If you believe legal errors led to a guilty verdict or harsher sentence, we urge you to contact a skilled Westminster appeals lawyer right away. Scott D. Henry and his legal team have over 40 years of combined experience handling appeals. Our criminal defense attorneys have a thorough command of the law and the appeals process and could fight aggressively on your behalf. You do not have to accept an unfair legal outcome. Contact our office today so we can begin taking steps to help you receive the outcome you deserve.

Should I File an Appeal?

California Penal Code 1237.5 PC allows those convicted the right to appeal the court’s decision. An appeal is a request for the appellate court to review the lower court’s decision based on possible legal errors that resulted in an unfair outcome such as a harsher sentence or wrongful conviction.

Still, individuals cannot file an appeal just because they are unhappy with the court’s decision. A legal error must be believed to have affected the final decision. Grounds for an appeal include insufficient evidence, ineffective assistance of counsel, prosecution misconduct, judicial errors, or jury misconduct. A careful analysis of your case by our seasoned attorneys in Westminster would best determine if there are viable grounds for an appeal.

The Appeals Process in Westminster

In California, the appellate process begins when a notice of appeal is filed. The notice of appeal is simply a request for a higher court to review a lower court’s decision. The notice of appeal must be filed within 30 days of the original verdict. Then, your attorney in Westminster could create a written argument to support your position for an appeal. Following the written argument, both sides will present an oral argument to the appellate court.

The appellate court then reviews the case with the appropriate standards of review and issues a decision within 90 days of the oral argument. If they find a legal error was made, the case goes back to the lower court for a new trial. The prosecution has the option to take the appellate court’s decision to a higher court, offer a plea deal, retry the case, or drop the charges entirely.

Writ of Habeas Corpus

A writ of habeas corpus is the last method an individual has to challenge their conviction or sentence. It is a petition that challenges his or her sentencing, conviction, or imprisonment. In California, a writ of habeas corpus must be filed with the California Superior Court. If the court grants the petition, it will order the government to release the petitioner, reduce their charges, or reduce their sentence.

Consult with a Westminster Appeals Attorney Today

If you feel you received an unfair decision in court, you do not have to accept the decision and its consequences. Contact a Westminster appeals lawyer today.

Our attorneys at The Law Office of Scott D. Henry know all too well that judges, juries, and prosecutors can make mistakes that result in a harsher sentence or wrongful conviction. We are dedicated to ensuring these errors do not affect your freedom and future. Contact our office today so we can discuss the facts of your case, review your case for legal errors, and determine the best course of action.

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